Flying Freehold: What It Means for Buyers and Mortgages

What a Flying Freehold Is

A flying freeholdoccurs when part of a freehold property physically projects over, or is structurally supported by, land or a building in different ownership. A common example is a bedroom built over a shared passageway leading to a neighbour's back garden, or an upper floor extending over part of the property next door.

Where It Commonly Occurs

Flying freeholds are most frequently found in Victorian and Edwardian terraced houses that were later converted into separate freehold dwellings, where the original single building did not divide neatly into self-contained plots. They also appear in some modern developments, where an upper-floor room, balcony or overhang extends over a neighbouring unit or a shared access route.

Why Lenders Are Cautious

Ordinary freehold law does not automatically bind a future owner of the neighbouring property to maintain the part of the structure that supports your overhanging space, or vice versa. This raises a practical concern for lenders: if the supporting structure below your flying freehold falls into disrepair, there may be no straightforward, enforceable legal mechanism to compel the other owner to fix it, potentially affecting the value and structural safety of the mortgaged property.

There is no universal legal percentage threshold, but many mainstream lenders become notably more cautious once the flying freehold portion exceeds a modest share of the total floor area — policies vary significantly, so always confirm your specific lender's stance early in the process.

Mutual Enforceability Covenants

Where a property was originally divided with proper legal advice, a mutual enforceability covenant may already exist — each owner covenants to keep their supporting or overhanging part of the structure in good repair, and grants the other reciprocal rights of access and support. A well-drafted covenant is intended to bind successive owners, not just the original parties, which significantly reassures lenders.

Flying Freehold Indemnity Insurance

Where no enforceable covenant exists, a flying freehold indemnity insurance policy — a one-off premium paid at the point of purchase — can cover the legal costs of a future dispute over maintenance obligations. Many lenders will accept this as an alternative, or supplement, to a formal covenant, making otherwise problematic transactions possible to complete.

What to Check When Buying

• Ask your conveyancing solicitor to confirm whether the property has any flying freehold element from the title deeds and a physical inspection
• Check whether an existing mutual enforceability covenant is registered against the title
• Confirm your specific mortgage lender's policy on flying freeholds before making an offer
• Get a quote for indemnity insurance early if no covenant exists, so the cost is factored into your budget

Use our Mortgage Calculator once your lender position is confirmed.

FAQs